Friday, July 1, 2011

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  • somegchuh
    10-08 05:37 PM
    I see three groups emerging in this disucssion:

    1. We applied labor in 2002/3/4. Therefore, GC should be PD based.
    2. We applied labor in 2001/2/3 but had to reapply in 2005/6, therefore GC should be based on number of years in US.
    3. Govt should "end retrogression" and give green cards to everyone.

    I can understand the rationale of all three groups: they want things to work the way it will benefit them. In some way the rationale of first two groups can be justified also.

    What I am having trouble with third "end retrogression". What does it exactly mean? There are only limited number of GC's per country. Are you talking about merging all the countries into one queue? I am not sure if ROW applicants will like that because that might set them back. Are we talking about raising the per country caps? How do you accomplish this "end retrogression".

    gjoe/and others,

    No one's trying to cut the line here. If there's any, it's purely procedural and has nothing to do with 'Ending Retrogression'. With or without retrogression someone might get an RFE, get stuck in namecheck etc. Ending retrogression provides earlier PDs better chances of getting GC faster (if dates are 'C' you get it the month you clear RFE, Name check etc.)

    Just posting here isn't helping you cause. Instead you guys can get together and start sending flowers to USCIS director requesting him to publish the complete list of GC applications approved every year. It's the first step in enforcing FIFO. Right now there is no such list and no way of knowing who got their GC out of turn. And while you guys are at it also send some flowers to FBI to clear Namechecks FIFO, to DOL to approve PERM petitions FIFO etc.

    Go spend those $50 at Flowers.com folks. Start writing to Senators, collect money, do the lobbying etc. Who's stopping you?

    Or do you want logiclife, pappu and rest of the IV core to do it PRO BONO for you?




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  • tonyHK12
    02-05 04:10 PM
    Thanks GoodIntentions, guru76, Naitik for your contributions.

    Members please let friends and colleagues know about the event and contribute within their means, for their own cause.

    Total Contribution: $1100.00
    Amount to be raised: $48,900.00




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  • amitjoey
    07-09 06:00 PM
    I just sent a message to all my friends, use all your resources. email, orkut, and all. Message: Did you send flowers to USCIS?




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  • CADude
    08-01 04:53 PM
    USCIS are doing internal transfer from more than a year(140 & 485). They are processing 140 and 485 at both the centers and requesting the application at NE only. It seems now you noticed.

    I looked at both the service center webpages(texas & nebraska) & I-485 application has to be sent to Nebraska only.I do not understand now why they are transferring the application from nebraska to Texas
    if I-140 is approved at Texas.
    Has anyone have any idea?



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  • thurinalas
    08-28 02:20 PM
    Filed I485/EAD/AP on July 30th @ NSC.
    Check cashed :NO
    Receipts : NO

    can we add two polls within the date subcategories - one which tracks how many people received receipts, and another to check if they are NSC or TSC?

    Or are there other polls like this already for July 17 - Aug 17th I 485 Filers?




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  • amitjoey
    07-09 05:37 PM
    This site have artifical flowers, thats probably the reason its cheap.

    That is all the more better, spare real flowers from dying at USCIS doorsteps.:D



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  • kg318
    04-23 10:00 PM
    Your case is not very clear..How can attroney can advice without reviewing the non-compete agreement?

    Non-compete Agreements in New Jersey

    Should you sign that non-compete agreement?

    It has become fashionable for employers of all types and sizes to require their employees to sign non-compete agreements. These agreements range from very narrow to very broad in scope. A non-compete may bar you from working for a competitor, using or disclosing trade secrets or other confidential information, soliciting customers or recruiting the your employer�s customers. These restrictions generally last from a few months to a few years. Because signing such an agreement can severely restrict your future employment options, you (and your attorney) should review it closely before doing so.

    Can you be fired for refusing to sign that non-compete agreement?

    Yes, according to the Supreme Court of New Jersey. See Maw v. Advanced Clinical Communications, 179 N.J. 439 (2004).

    Will a New Jersey court enforce your non-compete agreement?

    Do not make the mistake of thinking that you can sign an agreement and ignore it later. New Jersey Courts routinely enforce non-compete agreements that are �reasonable� in scope. A non-compete agreement will generally be considered reasonable if it (1) protects the legitimate interests of the employer; (2) does not impose an undue hardship on the employee; and (3) is not injurious to the public.

    What will happen if you have signed a non-compete agreement that is not �reasonable�?

    If the geographic and temporal restrictions in your non-compete agreement exceed the boundaries necessary to protect your employer, a New Jersey court may modify the agreement by reducing those restrictions to make the agreement reasonable. See Solari Industries v. Malady, 55 N.J. 571 (1970).




    Guyz, i met attorney. got copy of non compete agreement from a co-worker. I feel kind of releived after what he said.

    As per him, every non-compete agreement that is signed cannot be neccessarily enforced in the court of law. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?"


    Now as h1b employees, as every one knows we r not the key personnel in the company. we do not carry with us any trade secrets or confidential information which might harm their business.

    AS per him the higher up the "food chain" an employee is at a company, the more willing courts are to enforce non-compete agreements. Upper level employees are typically exposed to more confidential, trade secret, strategic and other information that gives a company a competitive advantage in the market place. The lower down the food chain an employee is, the less likely a court is to enforce non-compete and non-solicitation terms.


    Also non competes always have to give some profits to the employee, say a paid vacation, bonus or somethign like that. An employer cannot
    just make the employee sign it to restrict him from making better living and not give anything in return....


    Seems like these things are favourable to all the h1b employees.
    If any employer is claiming non compete to hold the consultant to his company, then even he should not take employees from competetive companies..... But r they doing it???????? We all know the answer.... IT consulting businesses run like that.




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  • santb1975
    02-10 04:50 PM
    and good job on the funds raised so far. I will contribute 50$ when we reach 5K. This is in addition to my recurring monthly contribution

    Thanks a lot AK_GC.

    Grand Total - $1260

    Come on folks lets help IV, to get things done for US.

    IV is I/WE.

    GO IV GO. TOGETHER WE CAN.



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  • njboy
    11-19 05:33 PM
    so from the above post it is obvious Sen Menendez will consider a recapture provision only as part of a comprehensive bill. Atleast you got an email that addresses your expressed concern about backlogs. I just got the standard reply for DREAM Act, even though I had specifically spoken about LEGAL immigrants-

    Dear Mr. xxx:
    Thank you for contacting me to express your support for S. 729, the DREAM Act of 2009. Your opinion is very important to me, and I appreciate the opportunity to respond to you on this important issue.
    You will be pleased to know that I am a strong cosponsor of the DREAM Act and am fighting tirelessly to enact this critical legislation into law. As the first person in my family to attend college, I can personally attest to the vital importance of a quality education. The DREAM Act, would give countless innocent children the same opportunity I had�to fully reach their potential and fulfill the American Dream. In doing so, it will give our country thousands of new doctors, teachers, pilots, and servicemen. It is a win-win situation for both those who would directly benefit from this legislation, as well as our country as a whole.
    Those that oppose the DREAM Act believe that children should pay the consequences for their parents' mistakes. They believe that children who were brought to this country by their parents without the proper documentation or were kept in this country by their parents without the proper documentation should not be allowed to get an American education. That is not only wrong, but it also goes against who we are and what we stand for.
    While the DREAM Act has yet to be passed, you may rest assured knowing that I will continue to fight until every child in the United States has the opportunity to reach the American Dream. Anything less is simply un-American.
    Again, thank you for sharing your thoughts with me. I appreciate your support. Please do not hesitate to contact me if I may be of more assistance. I invite you to visit my website Robert Menendez - US Senator for New Jersey: Home (http://menendez.senate.gov) to learn of other important issues to New Jersey.




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  • mnkaushik
    08-30 11:53 AM
    My wife and i got emails from USCIS and we checked our status online and it is now CPO. The approval is based on my wife's applicatiion ( EB2 India, Dec 2005). I had two applications one as her dependent and another my own that is EB3 I, Jan 2004.



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  • rajsand
    08-29 03:40 PM
    There are 1000s waiting for receipts , filed before July 24th . Hope someone apprises USCIS that people are aware of it & they cannot fool millions just by a silly update (who is asking for it anyways!)!


    Applied to NSC on 18th July and received on 19th by F.HAUINER (has anyone received application by this person.. asking just to check if mine reached the right place)

    Receipts : Not Yet
    PD : Feb 2003




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  • stucklabor
    06-20 10:30 AM
    logiclife,
    Thanks for the update. Let me share my concern with the CIR. Do you think that someone (lawmakers) is going to officially vote for the CIR to die? I don't believe so. Discussions, debates, political bickering and fingerpointing can drag on for months and even years because no one is officially willing to kill it for obvious political reasons. How long do you think we (IV) can wait until we start pushing for other bills?

    Appreciate your feedback.

    Answering for Logiclife, whose time zone is a couple hours behind.

    CIR will likely not be VOTED dead. There just will not be anything done about naming a Conference committee. If a committee is indeed named, but they don't produce a report in 2-3 weeks, then CIR would be deemed dead.

    The bottom line is, if nothing happens by the end of July, CIR will likely be dead.

    We will be looking at other options much before the end of July. The problem for us is that no other legislation will be considered before the end of July.



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  • nitkad
    04-22 11:48 AM
    hi guyz,

    Here u go. The company name is 3i Infotech Inc. based in NJ.

    As far as I know this is a genuine company and not a typical small desi company.
    Did you sign some paper saying that you will reimburse the GC costs if you leave the company? If it was signed before the GC process started then it is not against the law that the company is holding back the $4K. This is a big company and I don't think the $4k matters to them much.

    As far as experience letter, they have to give it.

    Also, sometimes we get mad at the company even though its our own mistake. So, before filling anything with the labor department, make sure you have not signed the papers. By reporting them you are basically giving trouble to others who are in GC process through them.




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  • gk_2000
    02-09 08:47 PM
    Quick ques: How to set up recurring payment in paypal?



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  • desi3933
    07-09 11:01 AM
    The above documents should have Condi's (and USCISs) LAW. Googler's last link appears to be the main source for all other links.

    Please note very carefully that we are looking for a LAW that specifies when AOSs will (not) be accepted from GC applicants. We are NOT looking for a law for allocating GC #s to approved AOSs (which is explained in the above links).

    This LAW should explain the following cases (which may not be a complete list).

    Oct 1 2005 & Oct 1 2006 when 140K GCs were available but ALL AOSs were not acceptable.
    May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
    June 12 when < 40K GCs were available but ALL AOSs were acceptable.
    July 2 when 0 GCs were available and ANY AOS was not acceptable.
    Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
    Months in 2005 and 2006 when ANY AOS was not acceptable.


    INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE

    Sec. 245. [8 U.S.C. 1255]
    (a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if

    (1) the alien makes an application for such adjustment,

    (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and

    (3) an immigrant visa is immediately available to him at the time his application is filed.

    ============================

    My points -

    a. 140k GCs are NOT available on Oct 1st. Only 27% (37,800) are available and are subject to 7% country cap. DoS estimated the PD based on the number of I-485 applications pending and other related factors.

    b. A person can file I-485 as long as his PD is before PD mentioned in the visa bulletin. This is how "immediately available" is defined.

    c. Since revised visa bulletin update states that no visa number is available for FY USCIS, by law, can not accept new I-485 applications.

    ______________________
    Not a legal advice.




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  • paragpujara
    12-17 09:10 AM
    Last week I called USCIS regarding FP and Customer Representative told me that they have sent me a letter on 21st of Oct regarding SR I opened in the month of OCT (I haven't received that letter yet. Do not know where they sent it). I asked her about the content of the letter but she said she doesn't have that information and I have to wait till 19th Dec to open new SR. She suggested visiting local USCIS through Infopass. I have taken infopass appointment for this coming Friday. I will update you on Friday about the appointment.


    Guys, any update on your FP notices? I have written to ombudsman almost 3 weeks ago about not receiving FP notices and nothing yet...

    What are you guys thinking as next step?



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  • mchundi
    12-15 02:09 AM
    I myself will not support for skill Bill in current form. Too much H1b numbers will not only create a problem for US citizens it will also for current H1bs as well future H1bs. That 20% automatic adjustment and exemption for Cap for MS persons will increase supply and it will be tough to find a job if too many people are in the market. There are abundant jobs in India. Let people wait in India for 1 or 2 years to come here. Sustained immigration without increasing unemployment is better for US as well as potential immigrants. Otherwise Hate will increase. It may be easy to talk Capitalism and fittest will survive. When those people talking will be unemployed for more than 6 months with kids in the family will realise the truth. In the Forum most of the people are young and they did not face any issue other than Green card.

    But speed with which Corporations and Lawyers are working the Skill bill be passed in current form soon. We will wait and see after 3 years after increasing H1B. My prediction is Limited increase in H1 with Moderate increase in GC numbers will solve the problem for all the gc waiting people without big reaction from anti immigrants and that will boost sustained immigration.
    Well, it is not a perfect world. It is not a perfect system. When CIR comes up every group will push for their interests. If u send a mail to any Senator, all u get is a standard reply about H1-B. It will be impossible to educate every ligislator. We have to do the best we can to voice our concerns and go with the tide. We cannot nitpick the sections of the CIR and tell the legislators vote only for these. We just make sure that our issues are addressed in whatever bill comes up.




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  • myvoice23
    09-25 05:49 PM
    Can you tell us what time it reached NSC on July 3rd. Looks like lot of people July 3rd at 9:03 received by R.William are waiting for receipt. Are you one among them?

    yes, it reached at 9.03am and was received by R.William




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  • gc_lover
    07-05 06:02 AM
    my 485 also reached Nebraska on July 2nd at 9:01 am
    by FEDEX.

    Is my boat Sinking or floating

    Mine reached on Juny 2 9:01 AM too. Its sinking, my friend. Your boat is sinking...just like mine.

    See you at the bottom of the ocean!




    another_wei
    08-24 08:45 PM
    Mailed I-485 on July 19th
    RD is July 20th
    ND is August 17th

    Did not file AP or EAD because I was think it may slow down my application, but I was just guess on this beside I don't need to change job or travel.

    Guru people, on my notice it says above my Name A094 XXX XXX is this number my GC number?

    Thank you




    h1techSlave
    07-20 12:43 PM
    If I simplify the whole attitude of IV members; it would be "EB3 is hopeless; EB2 doesn't need any help".

    The way the whole EB GC stands now, EB2 folks do not need any additional help. The dates are moving relatively fast. In a year or two most of the EB2 folks will get GC. So why spend money and time in IV efforts?

    As far as EB3 folks are considered, we have no hope. CIR is dead; piecemeal efforts are opposed by CHC. IV has never shown much interest in piecemeal efforts, despite the fact that what ever little efforts have resulted in enormous positive results.



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